Mpumalanga Tourism & Parks Agency and Another v Barberton Mines (Pty) Ltd and Others

Barberton Mines (Pty) Ltd was granted a prospecting right under s 17(1) of the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) in October 2006 to prospect for gold and silver in the Barberton area of Mpumalanga. The area forms part of the ecologically significant Barberton Greenstone Belt. The Mpumalanga Tourism & Parks Agency (MTPA) and Mountainlands Owners Association (MOA) opposed prospecting, contending that the land constituted a nature reserve or protected area under the National Environmental Management: Protected Areas Act 57 of 2003 (NEMPAA), which would prohibit prospecting. After resistance and an unsuccessful internal appeal, Barberton Mines approached the High Court for declaratory and interdictory relief. The appellants counter-applied to review and set aside the granting of the prospecting right. The High Court held that the land was not a protected area for purposes of NEMPAA and granted relief to Barberton Mines. MTPA and MOA appealed to the Supreme Court of Appeal.

The appeal was upheld with costs (except for dismissal of the application to adduce further evidence). The order of the High Court was set aside and replaced with an order dismissing Barberton Mines’ application with costs.

The case affirms the primacy of environmental protection in the interpretation of mining rights and clarifies that protected areas designated under provincial legislation fall within the scope of NEMPAA through s 12. It underscores that mining and prospecting rights under the MPRDA are subject to environmental prohibitions and constitutional environmental rights, reinforcing cooperative environmental governance.